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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a golf travelr with the trade name of “C,” and was aware of about 20 years with the victim D.
From the beginning of April 2014 to the around the 21st day of the same month, the Defendant is running the business to acquire apartments from the Republic of Korea to sell them to the victim at the C Office located in the Gangdong-gu Seoul Metropolitan Government E-building 820.
Since the second month, 45 billion won has been loaned at the Bank of the Philippines, which has changed to 20 million won. It will be repaid twice including interest after the second month.
In order to conduct loans, local attorney-at-law fees, etc. are needed.
On May 2, 2014, the term “around May 2, 2014,” stating to the effect that “a deposit to be deposited in a bank in the Philippines is borrowed KRW 20 million.”
However, in fact, since around 2003, the Defendant was under bad credit standing due to credit settlement and from around November 201, 2013, the Defendant was unable to engage in apartment sales business with a loan of KRW 45 billion from the Bank of the Philippines without any particular security, and was planned to use the money received from the injured party for personal purposes, such as living expenses, etc., so even if he borrowed money from the injured party, the Defendant did not have any intention or ability to complete payment.
On April 21, 2014, the Defendant: (a) by deceiving the victim as above and deceiving the victim; (b) 20 million won as a loan from the above C Office on April 21, 2014; and (c) on May 2, 2014, the Defendant managed 20 million won as the same name.
F The money was transferred to the account (G) in the name of the F and acquired by fraud of KRW 22 million in total.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Statement made by the police against D;
1. A copy of a deposit certificate;
1. Application of the F-name national bank account transactions statutes;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. The Criminal Act, the suspension of execution;